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FUNERAL ORATION 



VI 



DEUVERED AT 

THE CAPITOL IN WASHINGTON 



cvi;h the body of 



HON. JONATHAN CILLEY, 



WITH A 



FULL ACCOUNT OF THE LATE DUEL, 



COMPRIL-ING MANY 



FACTS NEVER BEFORE PUBLiGHEO, 



EMBELLISHED WITH 



AN ELEGANT LIKENESS OF MR. CILLEY, 

rSOM THE ONr.Y 0"'.iaiNAL PORTRAIT EVER P.VINTEO. 



Copyright Secured, 



Xcto Yorfe : 
WILEY & PUTNAM. 

BOSTON; OTIS, BROADER? A CO 

1838, 






Entered according to an Act of Congress, in the year 1838, by 

Wiley & Putnam, 

Ib the Clerk's OfiBce of the District Court for the Southern District of N. York. 



/ 2 •? .^ 






INTRODUCTION 



We present to the public a full and correct account of the duel 
between Mr. Graves and Mr. Cillev, (familiarly styled "the 
Washington murder,") compiled from authentic documents, well 
accredited newspaper accounts, and private infortTiation from sources 
worthy of implicit confidence. This case deserves the deliberate 
consideration of the American people; ai^d the questions arising from 
it are: Shall the press be deprived of its freedom, by threats and 
danger of personal conflict ? Shall the lives of individuals be put 
at hazard for freedom of debate ? Shall men in public office be 
allowed to violate their duty to themselves, their wives and children, 
their immediate constituents, their country, and their God, upon 
contemptible punctilios, according to duelling laws ? And, finally, 
shall such conduct meet the approbation, or the direct and severe 
censure, of our people ? 

For ourselves, we have ascertained and stated facts with care ; 
and though our comments will not be every where acceptable, yet 
we feel that they correspond with good laws, pure morals, and true 
religion. 



CONTENTS. 



FRONTiapiECE — Portrait of Cilley. 

Introduction, 3 

Funeral Services, 5 

Address, 6 

Procession, 12 

IJiography, 13 

Laws of Duelling, 16 

History of the Duel— Origin of the Controversy, 20 

C-ongressional Duelling, 24 

Statement of the Duel by the seconds 25 

Additional Explanations from the Publishers, ..... 25 
Speech of Mr. Cilley, 3S 



Before giving the details ol the duel which led to the melancholy death 
of the Hon. Jonathan Cilley, the publishers deem it advisable to lay before 
the public, the masterly Oration delivered over his body, in the Hall of 
Representatives, before the President, Vice President, Secretaries, both 
branches of Congress, and many other distinguished individuals. This 
excellent address has never before been published, and will be read with 
deep interest by every good citizen, without regard to political preferences. 

The other proceedings relating to the funeral, are previously given, after 
which, the reader will find all the interesting facts respecting the duel, and 
its melancholy termination. 

FU:^ERA1, SERVICE S. 

Tuesday, February 27, 1838, at 12 o'clock, M., having been 
appointed for the funeral, the House met, and was opened in the 
usual manner, by a short prayer, and the reading of the journal. 
The body was then placed in the centre isle. The President of the 
United States, with the Heads of Departments took their seats. The 
Senators, preceded by the Vice President, entered to the places 
assigned them ; and once more all was silence. The galleries were 
crowded with ladies and gentlemen ;and hundreds were unable to obtain 
entrance. The Rev Mr. Slicer, Chaplain of the Senate, opened the 
ceremonies by reading from the solemn burial service of the Church 
of England, the passages commencing with, " I am the resurrection 
and the life," &c. He then addressed the Throne of Grace, in the 
following appropriate prayer : 

" Invisible and all- wise God ! the immortal arbiter of life and 
death ! called together upon this solemn occasion, we present our- 
selves before thee, as humble worshippers. We confess the deep 
depravity of our nature, and the guilt incurred by personal trans- 
gression. So numerous and aggravated have been our sins, that it 
is of thy mercies that we have not been consumed ; for the Great Re- 
deemer's sake, have mercy upon us, and grant that the exercises of 
this hour may promote thy glory, and the best interests of those here 
present. Look graciously upon the President and Vice President 
of these United States; upon the Judiciary of the country; upon both 
branches of the national Legislature; and grant that all in authority, in 



the General State Governments, may feel their responsibility, not 
onlv the American people, and to posterity, but their solemn res- 
sponsibility to God also. 

May the public mind be so enhghtened, and the public judgment 
so corrected, the public conscience so quickened, as that a convic- 
tion shall pervade the pubHc mind throughout this whole country, 
that '■^ Rightconsness exalteth a nation^ and that Sin is a reproach 
to any people. And may the tragical occurrence which has called 
this multitude together, produce such a revulsion in the mind and 
feelings of this moral nation, as effectually to prevent the recurrence 
of a similar case. 

We pray, especially, for the widow and orphan children of our 
deceased brother ; when the sad and blighting intelligence shall reach 
them, and they are made to feel that des'olntion of heart which none 
but God can relieve, do thou in compassion to those bereft ones, 
*' stay thy rough wind in the day of thy east wind," and lead them 
to " the Rock which is higher than they," that beneath its shadow 
they may find protection and comfort. Hear us in Heaven, and ul- 
timately save us, for the Redeemer's sake. Amen. 

The Rev. Mr. Reese, Chaplain of the House of Representatives, 
then delivered the following address, which the reader will peruse 
with deep interest and satisfaction. 



ADDRE88. 



I rise to address this crowded auditory, on the present melancholy 
occasion, with emotions of no ordinary interest and solemnity, such 
as I have never felt before, and which I pray most ardently to Al- 
mighty God I may never have occasion to feel again ; and were I at 
this moment to consult my feelings alone, I would gladly forbear ut- 
tering a single word, and leave you to derive, from silent meditation, 
the important and solemn lessons which the occasion so impressively 
teaches. But a minister of Jesus Christ, with the vows of his min- 
istry upon him, must not, dare not, follow at all times the impulses 
of his own emotions and inclinations. However humble and obscure 
he may be, he has higlicr principles of action. His duty to himself, 
to his fellow beings, and to his God, is the polar star which is to di- 
rect and govern him 3 and, therefore, with humble reliance on his 



grace. I approach with a trembling heart, a service the most pain- 
ful and delicate I have ever been called upon to perform. 

What means this assembled multitude ? Whence this solemn si- 
lence which now pervades this hall ? Wherefore is it that every 
eye is serious, and every countenance betokens the feelings of sor- 
row which oppress every bosom ? Why is it that our Nation's Le- 
gislature has suspended her usual functions, and Senators and Mem- 
bers of the House of Representatives, and other high officers of this 
Government, are here assembled, wearing on their persons the badges 
of mourning ? Death is in your midst ! Death is in your midst ! 
That "mighty Hunter, who ere long will earth us all," has struck 
dow^n in the noonday of life, in the vigor of health, in a sudden and 
most heart-rending manner, one of the members of this House ! 
The Hon. Jonathan Cilley lies there before you a shrouded corpse. 
A few days ago and he was here in your midst, mingling in your so- 
cial circles, sharing with you in the responsibilities of his high station 
as a member of Congress,- with many a bright prospect in the perspec- 
tive of life before him ; but now his eyes are closed ; his limbs are 
cold and inactive ; his earthly prospects are cut off; the shadows of 
death are upon him, and his soul has suddenly gone to share in the 
realities of an eternal world ! It. is, indeed, a most affecting and 
soul-stirring event. 

My friends, the occasion is fraught with solemn admonition and 
instruction to us all. Here you may learn how soon the dearest 
earthly prospects of men may be cut off ; how soon and unexpectedly 
the sky that encircles us may be shrouded in midnight darkness, 
and how soon we may be called to lay aside the cares and interests 
of time for the silence of the grave, and the solemnities of eternity. 
Death makes no distinction among men. The rich and the poor, 
the slave and his master, the citizen and the statesman, the plebeian 
and the prince, are all alike the certain victims of death. The grave, 
that lone and silent resting place, is the common receptacle of us 
all. " For it is appointed unto man once to die." " I\Ian that is 
born of #woman is of few davs and full of trouble. He cometh forth 
like a flower, and is cut down; he"fleethas a shadow-, and continueth 
not. Man dieth and wasteth away ; yea, man giveth up the ghost, 
and where is he ^" 



8 

But there is another lesson to be derived from this melancholy 
event ; and most happy shall I be if I can impress it upon your minds 
as deeply and solemnly as its importance demands. That lesson is 
the necessity of preparing for the eternity which awaits us all. 
While we stand here admonished of the frailty and mortality of man; 
of cobweb tenure with which he holds all the affairs of this world, 
let us also remember that we are the creatures of God, the subjects 
of his moral government ; ruined, indeed, by sin, but invited to em- 
brace the merciful provisions of that covenant of grace under which 
we hve ; that we are spending here a period of probation, on the right 
improvement of which w ill depend hereafter the decisions of the day 
of judgment, and the destinies of vast eternity ; and that it therefoi'e 
behooves us sincerely and humbly to repent of our sins before God; 
to rest for salvation on the atonement and mediation of Christ Jesus ^^ 
our Lord, and to pray daily for divine grace, that we may so live, as 
that when we come to the close of life, we may " have death under 
our feet, and the song of triumph upon our lips," and so be fully pre- 
pared for a happy exchange of worlds. For what will it avail if you 
secure for the useful employment of your talents the applause of the 
whole country ; What will it avail if you attain to the loftiest sum- 
mit of fame's towering temple, and then die, a sinner against God, a 
rejecter of Christ, wholly unprepared for the terrible realities of a 
world of spirits ? " What shall it profit a man if he gain the whole 
world and lose his own soul, or what shall a man give in exchange 
for his soul ?" 

Deeply anxious that a due sense of our mortality, and of the ne- 
cessity of preparing for death and eternity, may be felt by us all, I 
now take occasion to call your serious attention to a subject on which 
I am sure every individual who loves the character of his country, 
and the welfare of his race, must feel a deep and abiding interest. I 
need scarcely to observe that I now allude to the highly reprehensi- 
ble custom which obtains among some honorable men of resorting to 
the field, and to deadly weapons, to settle disputes which may hap- 
pen to arise among them. Of the unfortunate case before us, I have 
nothing to say further than this, that all the parties involved in it 
have my sincere sympathies and prayers. And, in what I am going 
to say, I wish it distinctly understood that I do not intend to reflect 
upon the living or the dead ; for here I will remark that I believe 



9 

the whole of this tragical affair has been carried forward to its fatal ter- 
mination under the influence of a species of infatuation originating in 
a very corrupt and degenerate state of public feeling and opinion. I 
allude to that state of public feeling which sanctions and approves the 
practice of dueling ; which makes it honorable to challenge and hon- 
orable to accept a challenge. My remarks, therefore will be under- 
stood as referring to the custom itself. 

This is not a suitable occasion on which to enter upon an elabo- 
rate argument on this subject. Whatever practical sanction may 
have been given to this custom in past times by distinguished gentle- 
men in our country, it is unquestionably true that every virtuous 
mind will agree, when cool and deliberate in its decisions, that there 
is no righteous principle that will justify such a course ; that dueling 
is adverse to every principle of morality; at variance with all the 
dictates of humanity ; and at war with every thing that tends to ele- 
vate man in the scale of intellectual beings ; and that it is destructive 
in all its awful tendencies to the peace and happiness of social and 
domestic life. Besides, it is clear to the whole world that the termi- 
nation of these "affairs of honor" settles no question whatever, save 
only this — that the parties who engage in them possess sufficient 
courage to expose their lives in combat, but not enough to meet and 
virtuously oppose the demands which a corrupt and heartless world 
may make upon them. Dueling does not, cannot, in the nature of 
things, decide the question of right or wrong between them. 

The practical results of these personal collisions are oftentimes of 
the most distressing and heart-appalling character. Take the case 
before us — no — let us imagine one, and then we shall awaken no im- 
proper associations. Look at that young man, the very soul of a fond 
mother — the pride and boast of a father's heart — the husband of a ten- 
der and confiding wife who leaned upon his manly form for protection 
— the father of children who look to him for support, for education, for 
example, and for character. Educated, accomplished, beloved by the 
friends of his youth, and honored by the associates of his riper years, 
he enters on the arena of public life with the promise of being credi- 
table to his family and useful to his country. Unfortunately in the pro- 
gress of events, offences come, and impelled by the influence of 
that strange and wicked infatuation which is too much cherished in 
society, and which too often proves the ruin of men, he challenges, 



10 

or, beinj; challenged, he signifies his acceptance. The parties re- 
sort to the field— they fight— the ball is received, and the unhappy 
man lulls a lifeless corpse on the earth. That moment his parents 
are childless, his wife is a widow, his children are orphans, the 
country loses his services, and the soul of the unfortunate man is 
hurried, uncalled, into the presence of his God ; and the survivor's 
condition is rendered little less to be lamented, for he has done a 
deed uhich nothing but the blood of Christ can wash out, and which 
will cling to liis memory and disturb his conscience throughout the 
whole period of his life. But who can imagine the soul-rending 
grief of that fond and confiding wife ? Go to her quiet and peace- 
able home, where, heretofore, all was the buoyancy of hope and hap- 
piness — and how changed. That home is now overshadowed with 
gloom, and has become a scene of unmingled wretchedness. The 
intelligence of her husband's death falls upon her ear as unexpected- 
ly as a thunderbolt from a clear sky. Her heart is wrung with the 
bitterest anguish, and she feels as though the blow is too heavy to 
be borne. To have lost her earthly all, under ordinary circumstan- 
ces, would have been an unspeakable trial; but that he should die — 
in such a manner — so unexpectedly — so awful in all its circumstan- 
ces — without even being permitted to close, with a wife's fond at- 
tentions, his dying eyes, is a cup of sorrow too bitter for her to 
drink; and then her children — orphans — orphans! But I forbear. 
God only can assuage such grief, and administer the necessary sup- 
port and consolation. 

This is but a brief and imperfect sketch of some of the deplorable 
effects of this mode of settling personal disputes; effects which have 
heretofore been produced in numberless instances in the history of 
duelling. I have said that the true cause of this woful practice lies 
deep in the corrupt state of public opinion. The despotism of 
public opinion fastens its chains upon the bodies and souls of men, 
and leads some of the most talented and promising of the nation to 
offer themselves willing victims on the altar of sacrifice; it binds 
them to the observance of a custom which, in all its features, finds a 
parallel only in the barbarous customs of heathenism. " Why does 
the Hindoo widow mount the funeral pile? To vindicate and main- 
tain her honor. Why does the American gentleman go to the field 



11 

with weapons of death? To maintahi and vindicate his honor. 
What is the nature and character of the Hindoo's honor? Quite 
factitious. Of the duelhst's? Quite factitious. How is the motive 
addressed to the Hindoo? To her fears of reproach. How to the 
duelhst? To his fears of reproach. What, then, is the dilFerence 
between these two customs? This — that one is practised in the 
midst of Pagan darkness, and the other in the midst of Christian hght 
and civihzation." How apparent, therefore, is it that the state of 
puhhc feehng is at this moment, to a great extent among us, as cor- 
rupt on this particular subject as it is amid the degradation of the 
Hindoo. And is it not the anxious inquiry of every Christian, of 
every patriot, and of every philanthropist, to know how this current 
of coiTupt waters, which has borne upon its deceitful bosom so 
many of our countrymen to their graves may be stayed? How public 
feeling and opinion is to be regenerated? All ordinary means have, 
it seems, entirely failed. Change, then, the taste and feelings of the 
nation. Reverse the position of the public mind. Ma.ke it dishono- 
rable to give a challenge — make it disho7iorable to accept one, and 
the work is done. It will be done at least so far as the arbitrary 
demands of the present horrid system are made to extend to gentle- 
men whose honor is dearer to them than life, and all the blessings of 
life. Senators — legislators — statesmen — the virtuous of all classes 
of society must elevate the standard of example and personal influence 
against it; for so long as duelling finds an advocate or an example among 
these,so long will it continue to shed its withering curses upon our world. 
Permit me, then, to say with due respect, and with feelings of high 
consideration for every Senator, legislator, or statesman, now before 
me, that a tremendous responsibility rests upon you. To you, I 
firmly believe, is given the power to accomplish this work; and, 
therefore, I do this day, in the presence of Almighty God, implore 
you, in the name of our common country; in the name of religion; 
of outraged and suffering humanity; for the sake of our talented and 
chivalrous youth, on whom the country is to depend in peace and in 
war; by the silence of the dead; by the agony of surviving friends; 
by the anguish of the widow, and the loneliness of the orphan, and 
by all that is tender, and solemn, and awful in the case before us, 
to unite your every effort, in every laudable way, to change this 
wicked and ruinous state of public opinion, and thus put an end for 



IS 

the future, if possible, to this awful relic of barbarism which still 
lingers in the walks of civilization and religion. And I most ardently 
pray the God of our fathers so to incline your minds, and sustain and 
direct your course, as that you may be abundantly successful in your 
ellbrts of benevolence and patriotism. I have done. 



Immediately after the conclusion of the funeral Oration, the procession 
proceeded to the national burying ground, in the following order: 

The Chaplains of both Houses. 
Committee of Arrangements, viz-: 
Mr. Evans, of Maine, 
Mr. Atherton, of New Hampshire, Mr. Coles, of Virginia,. 
Mr. Connor, of North Carolina, Mr. Johnson, of Louisiana, 

Mr. Whittlesey, of Ohio, Mr. Fillmore, of New York. 

Pall Bearers, viz: 

Mr. Thomas, of Maryland, ( >^ ) ^^"^^ Campbell, of South Carolinay 

j\Ir. Williams, of New Hampshire, < g > Mr. White, of Indiana, 
Mr. Ogle, of Pennsylvania, ( ^ ) Mr. Martin, of Alabama. 

The family and friends of the deceased. 

The members of the House of Representatives and Senators from Maine, as 

Mourners. 

The Scrgeant-at-Arms of the House of Representatives.- 

The House of Representatives, preceded by their Speaker and Clerk. 

The Sergeant-at-Arms of the Senate. 

The Senate of the United States, preceded by the Vice President and theitr 

Secretary. 

The President of the United States. 

The Heads of Departments. 

Judges of the Supreme Court, and its officers. 

Foreign Ministers. 

Citizens and Strangers. 

There, in the grand and gloomy cemetery allotted to members of Congress 

and officers of the Government who expire at Washington, the dust of the 

late Mr. Cillev was '^returned unto the Earth as it was: for his spirit 

had returned unto God who gave it." In mercy will he receive judgment 

at the last day. 



13 



BIOGRAPHY. 

Hon. Jonathan Cilley was born in Nottingham, in the county 
of Rockingham, and State of New Hampshire, in the year 1803. 
His father, Greenleaf Cilley, Esq., was the son of Colonel Joseph 
Cilley, a highly distinguished oflicer of the army of the revolution, 
whose portrait occupies a place in Trumbull's painting of the surren- 
der of Burgoyne, at Saratoga, now in the Rotundo of the Capitol.* 
After the war, Mr. Cilley's grand-father was elected a general of 
militia, and a member of the Executive Council of New Hampshire, 
enjoying universal respect and esteem in civil and social life. An 
intimate friend of the deceased, in a letter to the publishers, re- 
marks : 

*' I first became personally acquainted with my late lamented 

* The picture occupies the first pannel in the Rotundo, on the right of the 
main or western entrance. Previous to the performance of the funeral ser- 
vices, the body was home into the Rotundo, and there for a time rested upon a 
bier; and this va^^t space was entirely filled with ladies and gentlemen, 
gazing silently at the sable pall. A little ijirl, accompanied by her parents, 
apparently unconscious of the solemnity of the scene or occasion, was amu- 
sing herself by looking at the picture alluded to, and held in her hand the 
explanatory card. When suddenly her eye caught the name of Colonel 
Cilley. She broke the dreadful stillness, by exclaiming, "papa, do show me 
which is Colonel Cilley!" 

Every one heard the sound, and with the quickness of thought, rushed 
towards the picture. Great God ! was ever such a scene as was that mo- 
ment presented. With a calm and placid smile, see at one point the veteran 
grandsire everlooking the triumphant transfer of the arms of the tyrant, into 
the hands of his conqueror, and the captive host of his country's foes, stretch- 
ing in lengthened lines around him. 

Turn but your eyes, and all how changed ! The sad preparation for eter- 
nal rest, and the last black symbols of woe enclosed the darkened clay of 
him who had but recently been the cherished hope of his ancestors, the 
pride of a young family, and the consolation of dear and trusting friends. 
There was no triumph — no joy. The mourners had gathered together, to 
pay the last melancholy rites of friendship and respect, in heaviness of heart. 
The changing gaze of the multitude now on the pictured canvass, and anon 
upon the shrouded coffin, bespoke more forcibly than human language can 
describe, the convulsive feelings which tortured the bosom of each. Years 
may roll on, but never, to their dying day, will those who were present on 
that occasion, forget the incident nf the picture. 

3 



14 

friend, in 1821, when he became a member of Bowdoin College, 
I was introduced to him by his gallant brother, Col. Cilley, who 
was a Captain at the battle of Bridgewater, and led Col. Miller's 
celebrated charge at the Heights, on that occasion. The deceased 
was remarkable for his perseverance and firmness of purpose; but, 
at the same time, one of the most amiable and kind-hearted men that 
I ever knew. He was ardent in all his pursuits; uncommonly ani- 
mated and zealous in discussion, and yet, during a close intimacy and 
daily intercourse for three years, nor on any occasion since, have I 
ever seen him apparently moved by anger, or any malignant passion. 
" He was an excellent classical scholar, but always found much 
time to devote to general literature, and pursuits not immediately 
connected with the College course. He was pre-eminently distin- 
guished as a debater, in the literary society, over which he presided 
during his last year in College. I believe I may safely say that no 
student of his time, had so many w^arm friends, and so few ene- 
mies. 

" He was graduated in 1825, at Bowdoin College, in Maine, with 
a high reputation both for scholarship and genius." 

Mr. Cilley married Miss Prince, of Thomaston, Maine, about 
ten years since, by whom he became the father of three children, 
the eldest being now nearly seven years of age. 

In announcing his death in the Senate, the Hon. Mr. "VVilhams, 
in an eulogy full of feeling, remarked: 

" From early life Mr. Cilley was ardently attached to the princr- 
ples of free government; a zealous advocate of the rights of the 
irhole people, and a determined opponent of the class of the/cio to 
tyrannize over the many. 

" In 1832, Mr. Cilley was elected to the House of Representa- 
tives in Maine, and in 1835 and '36 was Speaker of that body, 
where his talents and love of country became so conspicuous, that 
in 1837 he was elected to Congress, in a district in which the ma- 
jority were his political opponents. 

" Of his conduct here, I need not speak, for all who hear me^ 
and all who knew Mr. Cilley in the other end of the Capitol, will 
bear testimony to his ability, to his open, frank, and determined 



15 

course, to the high order of his talents and powers as a debater, and 
to the respect and deference he paid to the rights of others. 

" As a man, Mr. Cilley was warm, ardent, generous, and noble; 
as a friend, true, faithful, abiding. He was in the meridian of his 
life, aged 35: the past was the earnest of the future." 

These are the observations of warm friends, upon an occasion of 
deep solemnity, and oppressive and afflicting emotions. The de- 
ceased was quick in passion, and carried his sense of honor and 
chivalry to an extent, which excited the fears of his friends and re- 
lations. It was thought by them, probable, that some disaster like 
that which terminated his life, might occur; and they repeatedly 
warned him to be on his guard against the rashness of his tempera- 
ment. Men of ardent passions are usually quick to resent, and 
ready to forgive and forget; but, when prompted by a high sense of 
honor, and a sensitive regard for reputation, they are prone to carry 
private disputes to extremities, that might be properly avoided. 

The commencement of Mr. Cilley's life was most fortunate. 
Fortunate in the display of extraordinary talent — fortunate in the 
affection of numerous friends — fortunate in the fond love of a wife 
and children — and fortunate in the confidence and support of his 
constituents. But in all the circumstances of his untimely death, 
his life closed most unfortunately. In the sacrifice of talents given 
to be employed for high usefulness — in the sudden desertion of a 
wife and three helpless children — in an abandonment of duty to a 
confiding public — and in a violation of the laws of God and man — 
in all these, the end of his career was most unfortunate. Without 
unkindness and without partiality; with due respect for a quick and 
high sense of honor, and an equal detestation of the custom of fight- 
ing to support honor, we think the last verse of Gray's " Elegy" 
peculiarly appropriate: 

"No farther seek liis merits to disclose, 

Nor draw liis trailties from their dre.id abode; 

There they ahlce in tremt)liiig ho|)e repose, 
The bosom of his fntlier and lii(> God." 



16 



I.AAV>«i OF mUBLLlIVO. 

Some points of honor, in reference to this murderous duel, having 
been made the subject of much comment, we subjoin a few authori- 
ties bearing upon the subject. 

BosQUETT, a PVench writer on duelHng, who had been engaged 
in lour duels as principal, and twenty-five as a second, and who is 
considered high authority on all questions relating to the practice 
under the code d'honneur, makes the following remarks as to the 
choice of a second : 

" There is great danger in adopting as your friend, one who has 
been injured by, or bears an enmity to, the man you are to fight ; 
of which I have given you an instance before. First, if not a man 
of honor, he will be averse to an accommodation; and, secondly, 
by carrying matters with too high a hand, under a pretended zeal 
for you, he may run the risk of sacrificing you to avenge himself ; 
in other words, he might wish to fight your adversary through your 
ribs, which is no uncommon case." 

He recommends the choice of a moderate, prudent, and generous 
man, who has no pique against the opposite party. 

" In such a man's hands," he remarks, "fatal consequences sel- 
dom ensue; and I am persuaded, from my own experience, that, in 
many duels where the issue has proved disasterous, it is one or 
other of the seconds, and often both, that ought to be hanged, and 
not the surviving principal. I am confident that there is not one 
case in fifty where discreet seconds might not settle the difference, 
and reconcile the parties before they come to the field." 

Bosquett makes the following remarks on the conduct of seconds : 
" It is undoubtedly right that it should be always such as to justify 
themselves as men of humanity and men of honor; and, when on 
due investigation it is found to be otherwise, disgrace and infamy 
ought to follow; hut when the reverse appears evident, that they 
should be entitled to due commendation, and the merited esteem of 
both the principal?. ^^"^ ^"ch is not the object or ambition of the 
great majority of seconds; they prefer, like keen sportsmen, being 



17 

in at the deatli. And here I cannot help repealing, Avith just indig-' 
nation, from a review of numberless facts, that in the variety of 
instances which have occurred, where life has been lost, several 
shots exchanged, and the most dangerous wounds received, four-fifths 
at least of these duels might have been prevented by a timely and 
judicious interference by qualified and well-disposed seconds." 

^ -fr- "T^ -Iv- -^ -It -W 

" I have known very few indeed who were not willing to listen 
to reason when the heat of their resentment had a little subsided ; 
but when they are rather inflamed than assuaged, which is too often 
the case, by the pretended zeal of our trusty friends, we are fre- 
quently hurried to the issue without having time to reflect, or per- 
haps against our own sense of what is altogether right; and it may 
be depended on, that we often adopt, as a friend, a cut-throat knave, 
who would rather see his principal fall, whose cause he specially 
pretends to espouse, than his adversary." 

*' So far as the law against duelling goes," says that humane 
writer, James I., " to the punishment of delinquency in the parties, 
(I mean where any circumstance appears heinous in the principals, 
or atrocious in the seconds,) then let them be hanged; but if it 
appears that they have acted correctly, or of necessity, let them 
depart in peace." 

The following points have been put in relation to the present case: 

1 . If A declines to receive a note from B because he does not 
hold himself responsible as a member of Congress to B, the con- 
ductor of a public journal, has his friend C a right to press the 
inquiry, whether he has not another objection, viz: that B is not a 
gentleman ? 

2. When A expressly disclaims that his refusing to receive the 
note proceeds from no want of respect to C, but on the contrary 
declares that he has the highest respect for C, has C a right to infer 
that his refusing to receive it implies a disrespect to himself ? 

3. If the refusal is declared to proceed from no want of respect 
for C, has C or his friend D a right to insist that A shall acknow- 
ledge B to be a gentleman ? 

Common sense and the code of honor, as heretofore understood 
and practised, answer in the negative. 



18 

Bui the point ai issue between Mr. Graves and Mr. CiUej, as 
we understand it, went somewhat further tlian a mere point of eti- 
quette. Mr. Cilley had given an answer perfectly satisfactory, in 
his conversaticn with Mr. Graves, to the note of Colonel Webb, 
which Colonel Webb requested to have reduced to writing. This 
Mr. Cilley declined, leaving it a matter that might be questioned, 
whether Mr. Graves had truly reported the conversation or not. 
Upon suggestion, Mr. Graves did not choose to lie under the 
chance of such an imputation now or hereafter. Mr. Cilley, also, 
refused to go further in writing than the published statement shows, 
which rested upon the ground that he would not be drawn into a 
controversy with an editor of a newspaper for words spoken in 
debate; whereas, Mr. Graves had reported, verbally, as he under- 
stood him to say, that he did not object to receive the note 
because Colonel Webb was not a gentleman; and because the chal- 
lenge of the principal was refused, conjoined with the refusal to put 
in writing a satisfactory verbal explanation, Mr. Graves found him- 
self bound to challenge Mr. Cilley. 

But, on the supposition that the laws of the duello required a 
meeting in this case, the next question is, How far the seconds 
ought to suffer the matter to proceed ? 

On this point, it is the general opinion that the acceptance of the 
challenge, and a meeting, pro forma, satisfies the etiquette. The 
challenger has vindicated himself to the friend whose note was 
refused; and the opposite party, by the acceptance of the challenge, 
has given the highest evidence of his respect for the challenger. 

But more. than one fire in a duel of etiquette is unheard of. The 
first fire settles every thing. No explanation is necessary. The 
seconds may, and it is their duty, to withdraw the principals imme- 
diately from the field. There having been no animosity, there was 
no need for an explanation, or a reconcihation. The parties stood 
exactly where they were before the note was refused, in the rela- 
tion of friends.. In Dublin, where, many years ago, duels were 
fought every morning, and were regulated by a code of thirty-six 
articles, a second fire in a duel of etiquette was never heard of ; and 
the seconds who permitted it would have been considered as guilty 
of a malicious intent to kill. i_ There, the principals, after the first 



19 

fire, were walked off the ground, by the seconds, with or without 
shaking hands. 

In South Carohna, duelHng has, in former years, been not unfre- 
quent, and it has always been conducted upon the highest principles 
of chivalry. We have ascertained that the opinion of gentlemen 
there is very accurately expressed in the following paragraph from a 
leading South Carolina journal : 

" As the principals went out on a mere point of etiquette, a single 
exchange of shots, though without effect, ought to have satisfied all 
parties; and in a duel conducted on chivalrous principles, as an 
affair of honor, the seconds would have insisted that it should pro- 
ceed no farther. A blood-thirsty continuance of the combat until it 
resulted in death, made it an unmitigated affair of ruffanism, and 
the individual who insisted on it, against the feelings of all others on 
the ground, assumed a most unenviable responsibility." | 

" In case one second should assume the responsibility of objecting 
to arrest the affair, it is, nevertheless, the duty of the opposite sec- 
onds to put an end to it, at all hazards, for their own vindication." 
This is a rule which is distinctly insisted upon. 

Another principle of duelling was departed from in the case of the 
late unfortunate combat — we allude to the presence of a number of 
gentlemen as spectators. This is not tolerated by strict rules, be- 
cause it converts the affair into a spectacle, and renders any adjust- 
ment, without blood, extremely difficult. 

Thus far we go, upon the tacit admission that duelling may be al- 
lowed in certain cases; but we contend that it is contrary to honor, 
to true courage, and to all the pure institutions of civilized life. 
Duelling is tolerated only because it is sanctioned by custom; and 
that custom is now almost the only relic of the barbarous ages. 
Custom creates fear of disgrace in honorable men, for none but low- 
bred ruffians desire to fight; and enlightened men detest, though they 
may be forced to follow the practice. But what is this fear of dis- 
grace? It is that a man is less afraid of a bullet than of the sneers, 
or, perhaps, the contempt of his associates. He has more of the 
physical courage of the wild beast than of the moral courage of a 
man. He does not fear death, but he fears scorn and loss of caste; 
therefore, in short, the duellist is a coward. He dares not trust to 



♦ 20 

llie disunity of his own character, nor will he rely upon the rectitude 
of his conduct for his standing in the world. Therefore, he under- 
takes to perform a feat far less hazardous than is executed every day 
by members of the fire departments of our cities, in the ordinary 
performance of their duty, to prove that he is a man of honor and of 
courage; whereas he merely proves himself to be a fool, a coward, 

and a brute. 

Let the brave man fear nothing but a violation of duty, and the 
laws of humanity. Let him stand firm amidst reproach, if it must 
be, in a conscious rectitude; let him set public opinion at defiance 
rather than wrong his own conscience, and abide the consequences; 
let him hold up his head boldly, and say, I enjoy peace within, 
rather than skulk through life, with averted glanc(i, as his brother's 
murderer, whose blood is crying from the ground; let him, in short, 
say, in the comprehensive and sublime language of Voltaire, " I fear 
God, and I have no other fear," and the base practice of demand- 
ing blood, upon every trivial punctilio, exaggerated by little minds 
to an " affair of honor," will cease forever. 



HISTORY OF THE DUEL. 



ORIGIN OF THE CONTROVERSY. 

The duel which resulted in the unhappy death of the Hon. Jona- 
than Cilley, of Maine, had its origin in a remote attack of the "Spy 
IN Washington," well known to be Matthew L. Davis, upon 
some member of Congress not named. The following is the attack 
oftde^Spy" : 

" It is in my power, if brought to the bar of either House, or before 
a committee, and process allowed me to compel the attendance of 
witnesses, to prove by the oath of a respectable and unimpeachable 
citizen, as well as by written documentary evidence, that there 
IS at least one member of Congress who has offered 
to barter his services and his influence with a de- 
partment OR departments for compensation. 'Why, sir,' 
said the applicant for a contract, ' if my proposition has merit, it 
will be received. If it has not, I do not expect it will be accepted.' 
And what do you think was the answer of the honorable member.'* 
I will give it to you in his own emphatic language. ' Merit,' said 
he, 'why things do not go here by merit, but by pulling 

THE RIGHT STRINGS. MaKE IT MY INTEREST, AND I WILL 



rULL THE STRINGS FOR YOU.' '* 



This paragraph, which was pubh'shed in the Courier and Enquirer 
of New Yoi'k, was introduced into the House oTlR,epresentati\ cs by 
Mr. Wise, with comments, and a resolution, directing an inquiry 
into the truth of the charge, and the aggravation of the ofience. Up- 
on the resohition, and in reply to Mr. Wise, Mr. Cilley remarked; 

"That, as the course proposed to be pursued on this occasion 
was novel and extraordinary, he hoped the House w^ould pause be- 
fore it embarked in this business, on such authority as was produced. 
This charge come? from an editor of a newspaper, and we all know 
that, in a country where the press is free, few men can expect to 
escape abuse and charges of a similar description. * * * * 
He knew nothing of this editor; but if it was the same editor who 
had once made grave charges against an institution of this country, 
and afterwards was said to have received facilities to the amount of 
some ^52,000 from the same institution, and gave it his hearty sup- 
port, he did not think that his charges were enfitled to much credit 
in an American Congress. If he has charges lo make, let him make 
them distinctly, and not vaguely. Let him make them under the 
solemnity of an oath, and then it will be quite time enough to act. 
He trusted the House would not go into an investigation of this kind, 
on a mere newspaper statement, without any proof. 

# *- I # ^:? * * * 

" It was giving too much importance, in his opinion, to this news- 
paper editor, for this House to institute aii investigation upon his mere 
statement, without any proof whatever. He considered that all 
public men w'ere liable to have charges of this kind made against 
them; and if their characters were not sufficient to bear it without 
an investigation into the matter before a committee of the House, 
they were not fit to be the representatives of the people. If a man 
was slandered in this way the people v/ould do him justice, and af- 
terwards the press would do him justice, because ' truth is mighty 
and will prevail.' He was in favor of the utmost freedom of die 
press; but this was an inconvenience attending its freedom, which 
every man ought to be prepared to bear. He thought the gende- 
man from Virginia himself, upon reflection, w^ould come to the con- 
clusion that this charge was too vague and undefined to warrant the 
action of the House upon it." 

In the same debate aj collision took place between Mr. Wise and 
Mr. Cilley, of which the following account is given in one of the 
newspapers of the day. 

Mr. Wise said the gentleman from Maine was singing the old 
tune of his party; that charges must be proved before they are 
investigated. The same arguments had always been urged here 
against any investigation of pubhc abuses. He hoped, for the honor 
of Congress, that no witness could be found to prove the charge of 

4 



22 

a corrupt sale of influence by a member of this House. But the 
gentleman from Maine was more likely to be the man charged than 
iiimself ; for I, said Mr. AVise, have no executive influence to sell. 
It therefore more concerned the gentleman and his friends that an 
investigation should be made than himself and his parly. The per- 
son alluded to must be one of the party who have influence to sell. 
Mr. Cilley, in reply, repelled the insinuation from the gentleman 
from Virginia, that he was any more liable to the charge than that 
gentleman himself was; and spoke of it as "a base insinuation." 
Mr. Wise asked if the gentleman intended to say that he had made 
any " base insinuation" against any one? Mr. Cilley recapitulated 
what he had said. The gentleman had insinuated that he was more 
exposed to the base charge contained in that paper than any one 
else, and he must consider it as an ungenerous imputation. Mr. 
Wise: The gentleman does not disclaim the remark, and I must 
suppose that he intends to insult me. Mr. Cilley could, he replied, 
say no less than he had said, and he must insist upon what he had 
said, fearless of all consequences. But he had no intention to insult 
the gentleman from Virginia, or any one. Mr. Wise remarked, in 
allusion to this dialogue, that he could scarcely express the contempt 
he felt for a course of remark which, while it conveyed a personal 
imputation, evaded personal responsibility. 

It is needless to go into the merits of the allegation. Mr. Davis, 
having been brought to the bar of the House, said no member of 
that body was implicated, and they dismissed the subject. It was 
supposed that a transaction of the Honorable John Ruggles, a Sena- 
tor from Maine, with one Henry C. Jones, of New Jersey, was 
alluded to; and it appears that, as a compensation for professional 
services. Judge Ruggles agreed to receive a share in a patent 
obtained by Jones for a lock for trunks, mail bags, etc., with an 
understanding that it should be vested in a brother of the Senator's, 
who carried on a similar business, and that the Senator himself 
should endeavor to have the invention adopted by the Post Office 
Department. As wo now look upon the affair, this was the most 
frivolous pretext for such a serious allegation that has occurred within 
our knowledge; foolish in the extreme, and intended merely to injure 
the political character of a Senator, and to produce an excitement. 
If Judge Ruggles had made an invention himself, and had used all 
his influence, personal and political, to have it adopted by any 
department for which it would be useful, we can see no harm, unless 
it be that because a man is elected a Senator he must no longer 
benefit himself or the country. 

But the observations of Mr. Cilley touching the character of Col. 
James Watson Webb, as editor of the Courier and Enquirer, pro- 
duced a serious eflcct on the mind of that editor ; and he felt it 
necessary, he says, in order to arrest what he declares to be calum- 



23 

nies relating to his transactions with the Bank of the United States, 
and for the purpose of sustaining his character as a gentleman and 
editor, as well as the influence and standing of his newspai)er, to 
demand an explanation, or satisfaction according to the " laws of 
honor." With this purpose Colonel Webh visited Washington, 
and sent the following note to Mr. Cilley by the hands of his friend, 
Mr. Graves : 

Gadsbrfs Hotel, Washington, Feb. 20, 1838. 

Sir: — In the Washington Globe of the 12th instant, you are 
reported to have said, in the course of the debate which took place 
in the House of Representatives on that day, growing out of a pub- 
lication made in the New York Courier and Enquirer: " He (you) 
knew nothing of this editor ; but if it was the same editor who had 
once made grave charges against an institution of this country, and 
afterwards was said to have received facilities to the amount of some 
$52,000 from the same institution, and gave it his hearty support, 
he did not think his charges were entitled to much credit in an 
American Congress." 

I deem it my duty to apprize you, sir, that T am the editor of the 
paper in which the letter from the " Spy in Washington," charging 
a member of Congress with corruption, was first published; and the 
object of this communication is to inquire of you whether I am the 
editor to whom you allude, and if so, to ask the explanation which 
the character of your remarks renders necessary. 

Very respectfully. 

Your obedient servant, 

J. WATSON WEBB. 

Hon. Jonathan Cilley. 

This note, then, though apparently one of the leading points in 
the fatal controversy which followed, will prove, if evnnijnr-d v.iih 
care, to bear but a remote relation to the direct cause of the meet- 
ing. It was borne by Mr. Graves, as the friend of Mr. Webb, to 
the apartment of Mr. Cilley. Its contents were stated by the bearer, 
and the reply of Mr. Cilley was, " I cannot receive it, as I do not 
wish to be drawn into a controversy with any man, and this I state 
without feelings other than those of friendship, and the highest re- 
spect for yourself." Mr. Graves then asked, " Do you then object 
to receiving the communication, on the ground that Colonel Webb, 
ray friend, is not a gentleman ?" Mr. Cilley replied, " certainly 
not; by no means; I do not know Colonel Webb even by sight; 
how then should I know any thing against his character as a gentle- 
man ?" 

Mr. Graves then asked, Wliy it was that he refused to receive 
the communication ? Mr. Cilley replied, that he objected to being 
drawn into a controversy with a newspaper editor, on the subject of 
words spoken in debate. 



24 



CONGRESSIONAL DUELLING. 

Before proceeding to narrate the occurrences of the duel between 
Mr. Graves and Mr. Cilley, it may be gratifying to the reader to 
know something of the duels tliat have been fought between mem- 
bers of Congress. There was no duel between members of the 
Continental Congress under the confederation. One of the signers 
of the declaration of independence, Button Gwinnett, of Georgia, 
Avas killed in a duel. After the formation of the Federal Govern- 
ment, the only duels that took place between members were the 
following : 

iMcssrs. Bayard of Delaware, and Rutledge of South Carolina, 
fought a duel, but neither were injured. Afterwards, Messrs. Bay- 
ard of Delaware, and Champlin of Rhode Island, went out to fight; 
but the diHercnce was settled on the ground. Messrs. Jackson of 
Virginia, and Pierson of North Carolina, fought in Virginia; and the 
former was very severely wounded. Messrs. Calhoun of South Ca- 
rolina, and Thomas P. Grosvenor of New York, went out to fight; 
but the quarrel was settled, and they returned friends. The duel 
between Mr. Randolph, when Senator from Virginia, and Mr. Clay, 
when Secretary of State, will be well recollected. After the first 
fire an accommodation took place and the parties shook hands. Mr. 
Randolph having accepted the challenge, which was given on ac- 
count of words used in debate, went upon the ground determined 
not to injure Mr. Clay. " Not for all the lands on the margin of 
the King of Rivers,* and his tributary streams," said he, " would 
I have the blood of a father and husband upon my hands." Mr. 
Clay's first shot passed through Mr. Randolph's dressing goAvn. 
Afier the parties had shaken hands, Mr. Randolph said, " You owe 
me a new gown, sir." "I am truly glad," replied his generous 
antagonist, " that I am not deeper in your debt." The next duel 
tliiit took place between members of Congress, was that between 
'Messrs. Bynum of North Carolina, and Jenifer of Maryland. After 
several shots, both parties fortunately missing, the afiair was adjusted 
by the seconds. Challenges have passed between members, both 
before and since the last mentioned duel; but, except in the above 
r.amed cases, a reconciliation was effected without a hostile meeting. 
Mr. Mercer of Virginia has distinguished himself in the House as 
a pacificator in every personal quarrel that has arisen on that floor. 
It is a noble and generous office; and Mr. Mercer may carry with 
him, in his retirement, the thanks of many a family that otherwise 
mifchl have been h.-ft without protection. Mr. Mercer has acted, 
and very cfiiciently, upon the principle of the British parliamentary 



* The translation ofllie Indian name Potomac, near which they fought. 



25 



practice, of protecting its members from the consequences of sudden 
and unavoidable collisions, which take place in the heat of debate. 

It appears that the late melancholy duel is the first, between 
members, that ever resulted fatally ; and, so far as we have been 
able to learn, it is the first duel of etiquette in the civilized world, 
that, after the first fire, both missing, was pursued to blood. 

We now proceed to the facts of the case which have recently 
occurred, and will leave the reader to draw such inferences as may 
seem proper, from the contrast between the manner in which this 
duel has been conducted, and other aflairs of honor. Some autho- 
rities of the highest character, respecting the law of the duel, will 
be hereafter introduced, with comments. Leaving out of mind, for 
the present, one of the original parties to the controversy, (Colonel 
Webb,) we now give the statement of the seconds in the combat 
between Mr. Graves and Mr. Cilley, appending thereto some ex- 
planatory notes. 

STATEMENT OF THE DUEL BY THE SECONDS, 

WITH ADDITIONAL EXPLANATIONS FR03I THE PUBLISHERS. 

Washington City, B.C., Feb. 26, 1838. 

The following is a statement of the facts of the duel between the 
Honorable Wm. J. Graves, of Kentucky, and the Honourable Jo- 
nathan Cilley of Maine, as agreed upon by George W. Jones and 
Henry A. Wise, the seconds of the parties, committed to writing 
between the hours of 10| o'clock a. m., February 2.')th, and 12 
o'clock M., this day. The seconds propose, first, to state the 
correspondence which occurred before the challenge, and which was 
communicated through others than themselves; neither second hav- 
ing borne any paper or message, verbal or written, to or from either 
of the principals, until Mr. Wise bore the challenge, and Mr. Jones 
bore the acceptance. This correspondence, as it has been placed 
in the hands of the seconds, is as follows, to wit : 

MR. GRAVES TO .MR. CILLEY. 

House of Representatives, Feb. 20, 1838. 

In the interview which I had with you this morning, when you 
declined receiving from me the note of Col. J. W. Webb, asking 
whether you were correctly reported in the Globe, in what you 
are there represented to have said of him in this House upon the 
12th instant, you will please say whether you did not remark, in 
substance, that in declining to receive the note, you hoped I would 
not consider it in any respect disrespectful to me, and that the 
ground on which you rested your declining to receive the note was 
distinctly this: That you could not consent target yourself into per- 
sonal difficulties with conductors of public journals, for what you 



26 

might think proper to say in debate upon this floor in discharge of 
your duties as a Representative of the people; and that you did not 
rest your objection, in our interview, upon any personal objections 
to Col. Webb as a gentleman. 

Very respectfully, 
* Your obedient servant, 

W. J. GRAVES. 
Hon. Jonathan Cilley. 

MR. CILLEY TO MR. GRAVES. 

House of Representatives, Feb. 21, 1838. 

The note which you just placed in my hands has been received. 
In reply I have to state, that in your interview with me this morn- 
ing, when you proposed to deliver a communication from Colonel 
Webb, of the New York Courier and Enquirer, I declined to re- 
ceive it, because I chose to be drawn into no controversy with him. 
I neither affirmed or denied any thing in regard to his character; but 
when you remarked that this course on my part might place you in 
an unpleasant situation, I stated to you, and now repeat, that I 
intended by the refusal no disrespect to you. 

Very respectfully. 

Your obedient servant, 

JONA. CILLEY. 
Hon. W. J. Graves. 



* Here the controversy assumed a new bearing, and Mr. Graves became 
a party to it. Mr. Graves had borne a written communication to Mr. Cilley 
from Col. Webb, and had taken back to Col. Webb a verbal answer. Col. 
AVcbb, it is said, remarked that the answer would be satisfactory, if it was 
put in writing. Mr. Graves then committed to paper what he had under- 
stood Mr. Cilley to say, and which he had communicated to Col. Webb as 
his reply, and handed it to Mr. Cilley in person. Mr, Cilley's reply did not 
corroborate the statement in every particular. Mr. Graves says:— " You 
did not rest your objections, in our interview, upon any personal objections 
to Col. Webb, as a gentleman." As to that one point Mr. Cilley says : — 
" I neither affirmed nor denied any thing in regard to his character." Thus, 
it appears that Mr. Graves considered his veracity as impeached, by the rcfu- 
f^al of Mr. Cilley to substantiate in writing what he had understood him to 
say, and which he had communicated verbally to Col. Webb. 

It is proper to mention here, that between Mr. Graves and Mr. Cilley 
there had, prior to this interview, subsisted the most friendly relations. 
The note was presented by Mr. Graves in a courteous manner, and the con- 
versation left no unpleasant impression upon the minds of either. In the 
course of the conversation, Mr. Graves became satisfied with Mr. Cilley's 
ground of objection to the reception of the note, and so expressed himself. 
Mr. Cilley did not, as he assured his friends, expect to hear from Mr. Graves 
on the subject, still less to be dra^vn into any personal collision with hirn in 
relation to it. The conversation alluded to took place on the 21st February ; 
and on the same day Mr. Graves in person handed to Mr. Cilley the note, 
dated February 2nth, of the seconds, recapitulating what he (Mr. Graves) 
had understood to be the substance of Mr. Cilley's remarks. 



27 



MR. GRAVES TO MR. CILLEY. 

House of Representatives, Feb. 22, 1838. 

Sir: — Your note of yesterday, in reply to mine of that date, is 
inexplicit, unsatisfactory, and insufficient; among other things is this: 
that, in your declining to receive Colonel Webb's communication, 
it does not disclaim any exception to him personally as a gentleman. 
I have therefore to inquire, ichether you declined to receive his com- 
munication on the ground of any personal exception to him as a 
gentleman or a man of honor ? A categorical answer is expected. 

Very respectfully, 

WM. J. GRAVES. 

Hon. J. ClLLEY. 

MR. CILLEY TO MR. GRAVES. 

House of Representatives, Feb. 22, 1838. 

Sir: — Your note of this date has just been placed in my hands. 
I regret that mine of yesterday was not satisfactory to you, but I 
cannot admit the right on your part to propound the question to 
which you ask a categorical answer, and therefore decline any fur- 
ther response to it. 

^ Very respectfully, 

JONA. CILLEY. 
Hon. W. J. Graves. 

Here follows the first paper borne by Mr. Wise. 

Washington City, Feb. 23, 1838. 

As you have declined accepting a communication which I bore to 
you from Colonel Webb, and as by your note of yesterday you have 
refused to decline on grounds which would exonerate me from all 
responsibility growing out of the affair, I am left no other alterna- 
tive but to ask that satisfaction which is recognized among gentlemen. 



* An intimate friend of Mr. Cilley has stated that in a conversation with 
him, after the refusal to accept the note of Col. Webb, and before Mr. Graves 
liad challenged, Mr. Cilley related the conversation which had passed, ia 
snbf^tance. as contained in the notes of the text. He said " he could not 
receive" the note ; and when asked if he objected to the medium through 
which it was presented, he said : " No, sir, no — certainly not. I entertain 
for you the kindest and most respectful feelings; but I decline receiving 
this, because I do not choose to be drawn into a controversy with Mr, 
Webb." When Mr. Graves inquired whether Mr. Cilley considered Col. 
Webb a gentleman, he replied : " I express no opinion about him, but I 
cannot have a controversy with ;" and, upon an intimation that Mr. Graves 
and Mr. Cilley might be placed in an unpleasant relation towards each other, 
he said : " I hope not ; I cannot see why ; I assure you I mean no disrespect 
to you." 



28 

My friend, Hon. Henry A. Wise, is authorized by me to make the 
arrangements suitable to the occasion. 

# Your obedient servant, 

W. J. GRAVES. 

Hon. J. CiLLEY. 

Mr. Wise states that he presented the foregoing challenge to Mr. 
Cilley,'in the parlor at Mrs. Birth's boarding house, a few minutes 
before 12 o'clock m., on Friday, the 23d instant. 

In addition to the foregoing correspondence, the* seconds propose 
to relate only such facts aud circumstances as occurred within their 
joint knowledge, after their own participation in the melancholy affair. 

On the evening of the 23d'' instant, about the hour of five o'clock, 
p. M., Mr. Jones, the second of Mr. Cilley, delivered to Mr. 
Graves, in the room of Mr. Wise, and in his presence, the follow- 
ing note, which was the first paper borne by Mr. Jones, to wit: 

Washington City., Feb. 23, 1S38. 

Your note of this morning has been received. My friend. Gen, 
Jones, will " make the arrangements Suitable to the occasion." 

Your obedient servant, 
t JONA. CILLEY. 

Hon. W. J. Graves. 

Immediately upon the presentation of the acceptance of the chal- 
lenge Mr. Graves retired, leaving Mr. Jones with Mr. Wise, who 
submitted to Mr. Wise the following propositions for the arrange- 
ment of the meeting, to wit: 

Washington., Feb. 23, 1838. 

Sir: — Mr. Cilley proposes to meet Mr. Graves at such place as 
may be agreed upon between us, to-morrow at 12 o'clock, m. The 
weapons to be used on the occasion shall be rifles; the parties 
placed side to side at eighty yards distance from each other; to 
liold the rifles horizontally at arm's length, downwards; the rifles to 
be cocked, and triggers set; the words to be, " Gentlemen, are you 
ready.'"' After which, neither answering "No," the words shall 
be, in regular succession, " Fire — one, two, three, four." Neither 

* It is cortain. from many circurastancep, that Mr. Cilley did not expect a 
rlialU'riiTe from Mr. Grave-;, until it was delivered l)y Mr. Wise. He did 
expect that he rai^lit be attacked in the street by Col. Webb, and made due 
prc|)araliori$ for such an event. 

t Tliat Mr. Cilley deicrmined to fight the duel to an issue which would 
not compromise his honor, and without deviating from the crround he had 
taken in relation to Col. Webb, is manifested from the fact of his ffoing out 
to pnirtice \yith his rifle, and also from the remark he made to a friend, who 
urged an adjustmeni, ijial ''New England must not be trampled on.^^ 



* 29 

party shall fire before the word " fire," nor after the word "four." 
The positions of the parties at the ends of the line to be determined 
by lot. The second of the party losing the position shall have the 
giving of the word. The dress to be ordinary winter clothing, and 
subject to the examination of both parties. Each party may have 
on the ground, besides his second, a surgeon and two other friends. 
The seconds, for the execution of tleir respective trusts, are al- 
lowed to have a pair of pistols each on the ground, but no other 
person shall have any weapon. The rifles to be loaded in the pres- 
ence of the seconds. Should Mr. Graves not be able to procure a 
rifle by the time prescribed, time shall be allowed for that purpose. 

Your very obedient servant, 
* GEO. W. JONES. 

Hon. Henrf a. Wise. 

About 9 o'clock, p. m., at Mr. Jones's room, at Dowson's, Mr. 
Wise returned to him the following answer, to wit: 

Washington, Feb. 23, 1838. 

Sir: — The terms arranging the meeting between Mr. Graves and 

I Mr. Cilley, which you presented to me this evening, though unusual 

' and objectional, are accepted; with the understanding that the rifles 

are to be loaded with a single ball, and that neither party is to raise 

his weapon from the downward horizontal position until the word 

"fire." 

I will inform you, sir, by the hour of 11 o'clock a. m. to-morrow, 
whether JVJr. Graves has been able to procure a rifle, and conse- 
quently whether he will require a postponement of the time of 
meeting. 

Your very obedient servant, 

HENRY A. WISE. 
Hon. Geo. W. Jones. 

About 8 o'clock a. m., on the 24th instant, Mr. Jones left at 
Mr. Wise's room the following note, to wit: 



* The rifle used by Mr. Graves carried balls of ninety to the pound ; and 
Mr. Cilley's were a hundred and twenty. Much controversy has been ex- 
cited by this difference ; but at the distance of eighty or a hundred yards, it 
is well known that the difference would be of no moment. Mr, Cilloy used 
a rifle belonging to Dr. Duncan, wich which he carefully practised. Ho was, 
it is said, an expert deer hunter and a capital shot, as was fully proved by 
his practice at the Old Magazine, just before the duel. When remonstrated 
with by his friends for using so light a rifle, he said, " the shot is large 
enough, perhaps, to wound him slightly ; I would not wish to do any thing 
more." Mr. Graves obtained a rifle late Friday night, and practised during 
Saturday forenoon, from eight till near tAvelve o'clock, with the rifle that he 
used on the field. 
5 



30 

Washington City, D. C, Feb. 24, 1838. 

Sir: — I will receive, at Doctor Reilly's, on F street, any com- 
nuuii'.ation you may see proper to make me, until 11 o'clock a. m. 
to-day. 

Respectfully, 

Your obedient servant, 

GEO. W. JONES. 
Hon II. A. Wise. 

Doctor Reilly's, F street, Feb. 24, 1838, ) 
10 o'clock, A. M. ) 

Sir: — I have called at this place, in conformity with your note 
of this morning, to inform you that Mr. Graves has not as yet been 
able to procure a rifle and ])ut it in order, and cannot be ready by 
12 o'clock M. to-day. He is desirous, however, to have the meet- 
in;; to-day, if possible, and I will inform you by half past 12 o'clock 
M to-day, what time to procure and prepare a weapon he will 
require. 

Very respectfully, &c., 

HENRY A. WISE. 

Hon. George W. Jones. 

Afterwards, Mr. Jones left at Mr. Wise's room the following 
note, to wit: 

Washington, Feb. 24, 1838, lOl a. m. 

Sir: — Your note, dated at 10 o'clock to-day, is received. In 
reply, I have the pleasure to inform you that I have in my posses- 
sion an excellent rifle, in good order, which is at the service of Mr. 
Graves. 

Very respectfully, &c., 

GEO. W. JONES. 
Hon. H. A. Wise. 

Afterwards, Mr. Jones sent to Mr. Wise's room the following 
note, to wh: 

Washington, Feb. 24, 1838, 11 a.m. 

Sir: — Through the politeness of my friend. Dr. Duncan, I now 
tender to you, for the use of Mr. Graves, the rifle referred to in my 
note of 10^- A. M. this morning. 

Respectfully, 

Your obedient servant, 

GEO. W. JONES. 
Hon. H. A. Wise. 

And with this note a rifle and powder flask and balls were left at 
Mr. Wise's room. 

After the reception of this note from Mr. Jones, Mr. Wise 



31 

called on him, at Dr. Reilly's, and informed Mr. Jones that Mr. 
Graves had procured a rifle other than that left at his room by Dr. 
Duncan, and would be ready for the meeting at 3 o'clock p. m. It 
was then agreed that the parties should meet at the Anacostia bridge, 
on the road to Marlborough, in Maryland, between the hours of 1 .V 
and 2^ o'clock p. m., and if either got there first, he should wait 
\ for the other, and that they would thence proceed out of the Dis- 
trict.* Accordingly, the parties met at the bridge, Mr. Cilley and 
his party arriving there first, and all proceeded, about 2 o'clock p. m., 

to the place of meeting. On arriving at the place, Mr. Jones and 

♦ 

* On the morning after Mr. Cilley had accepted the challenge of Mr. 
Graves, Colonel Webb took measures to prevent the meeting, as will appear 
from the folloAving extract from an authentic statement of Major W. H. 
I Morrel of the army : 

"Col. Webb said that it was utterly impossible that any meeting could be per- 
mitted to take place between Messrs. Graves and Cilley, until Mr. Cilb'-,' had 
first met him, and that he was determined to force such meeting upon Mr. Cil- 
ley, be the consequences what they might; and that in pursuance of tliat deter- 
mination, he had secured the services of Mr. Daniel Jackson on the evening 
previous, shortly after the acceptance of Mr. Graves's challenge by Mr. Cil- 
ley, and now called to ask my co-operation in tlie following proceeding, viz.: 
' That Col. Webb, accompanied by Mr. Jackson and myself, properly armed, 
should repair to Mr. Cilley's room, when Mr. Webb should offer Mr. Ciiley 
the choice of his duelling pistols, with the following alternatives : Either 
then and there to settle the question, or pledge his word of honor that he 
would give Col. Webb a meeting before Mr. Graves, at such place and 
time, and with such weapons as Mr. Cilley might appoint ; and in the event 
of doing neither, then to expect the most serious consequences on the spot.' 
I Mr. Webb then added, ' should he refuse either to fi^ht me at the time, or 
j give the pledge required, I shall have no alternative left but to shatter 
' his right arm, and thereby prevent his meeting my friend.' 

" I considered Col. Webb bound in honor to take the course he suggested, 
and promptly declared ray Avillingness to accompany him. At 10 o'clock I 
was informed by Col. Webb that although he had been assured on the eve- 
ning previous that Mr. Graves and Mr. Cilley would not meet for some days, 
he had reason to believe that he had been intentionally deceived, and that 
the meeting would take place on that day at 12 o'clock. At his request, I 
immediately took measures to ascertain whether Mr. Cilley was at his lodg- 
ings, and finding that he was not. Col. Webb, Mr. Jackson, and myself, all 
well armed, took carriages and repaired to Bladensburgh, where it was said 
the meeting was to take place. Before arriving at the ground, Col. Webb 
designated the following as the order of proceedingj'to which we assented, 
believing it to be the only course left him, and demanded, by every consid- 
eration of duty towarli his chiv^alric friend, Mr. Graves: 'On reaching 
the parties,' said Col. W.,. ' I'll approach Mr. Cilley, and tell him that tiiis 
is " my quarrel, and he must fight me, and that if he aims his rifle at my 
friend, I'll shoot him him on the spot.'" We know that upon this, M'Jssrs. 
Graves and Wise will interfere, and that we will be ordered oif the ground, 
but I shall tell them that we have come prepared to lose our lives, or pr«VLMic 
the meeting, and that it cannot proceed without first disposing of us. From 
our knowledge of the parties, it is probable that some one of them v/ill then 
raise his weapon at me, when I shall instantly shoot Cilley, and we must 
proceed to defend ourselves in the best wav we can." 



32 

Mr. Wise immediately proceeded to mark off the ground. They 
then decided the choice of positions. Mr. Wise won the position, 
and consequently Mr. Jones Imd the giving of the word. At this 
lime, Mr. Jones was informed by Mr. Wise that two gentlemen, 
(Air. Calhoun of Kentucky, and Mr. Hawes of Kentucky,) were 
at some distance off, spectators, but they should not approach upon 
the ground. Mr. Jones replied that he objected to their coming 
on the ground, as it was against the articles of the meeting, but he 
entertained for them the highest respect. Mr. Wise also informed 
Mr. Jones that, contrary to the terms, he had brought to the ground 
f too rifles; that if he (Mr. Jones) required him to do so, he would 
immediately send one of them away. Upon Mr. Jones finding that 
the rifle was unloaded, he consented that it should remain in one of 
the carriages. There were, it is proper to remark, several persons 
on the ground, (besides the hack-drivers and the two gentlemen 
i before mentioned at a distance,) who" were there without the au- 
thority or consent of either parly or their friends, as far as is known 
either to Mr. Jones or Mr. Wise, and one of these persons was 
supposed to be the owner of the field. Shortly after the hour of 3 
o'clock p. M., the rifles were loaded in the presence of the seconds; 
the parties were called together; they were fully instructed by Mr. 

The parties went to other places, and took other steps to arrest the duel, 
but without efiect, for an unusual place for such all'airs had been selected, so 
as to prevent interference, which had probably been anticipated. 

In this connection, we may properly introduce an incident of a most inter- 
esting nature, as related by a correspondent of the Pennsylvania Inquirer. 
Mrs. Graves did not know that her husband was about to engage in a duel ; 
but "by sonic accident, I know not how it was, Mrs. Graves ascertained 
the painful fact that her husband had gone to the field. Notwithstanding 
the day was severely cold, and the lady was in feeble health, the moment 
the intelligence of the duel was made known to her, she proceeded to the 
proper authorities, and procured a bench Avarrant for the arrest of all parties 
engaged in the affair. She then proceeded to the marshal of the district, 
procured a carriage, and accompanied that officer to seek out the field of 
battle. 

" The better to execute their designs, and avoid all interruption, the du- 
ellists had led the public astray as to the place selected, and Mrs. Graves, 
after having examined several places usually resorted to by those who in- 
dulge in the trial by battle, without success, returned to the city in despair. 
Before she reached her lodgings the deed had been done. 

" Her conduct is worthy of all commendation and applause. The spirit 
and deep moral sense which this lady evinced, should entitle her to the admi- 
ration of every advocate of hunianitv and justice. Had ?he been successful 
in her holy efforts to repress and subdue the hurricane of passion which led 
her husband to the margin of an untimely grave, the affair might have been 
amicably adjusted, and poor Cilley might have escaped the fate that attend- 
ed him. Aud whilst the unfortunate Mrs. Cilley and her orphan children 
are left to bowail the loss of a father and husband, it may be a mournful satis- 
Jiiciiuii lo liiem in know, thai the wife of the man at whose hands he fell, strug- 
;;!i d. ilioiijli iiii'll'eciuailv, to prcvr-nt the death of their counnon protector." 



33 

Jones as to their position, and the words twice repealed to them, as 
they would be and as they were delivered to them in the exchange 
of shots. After this, they were ordered to their respective posi- 
tions; the seconds assumed their places; and the friends accompa- , 
nying; tlie seconds were disposed along the line of fire to observe 
that each obeyed the terms of meeting. Mr. Jones gave the word 
distinctly, audibly, and in regular succession, and the parties ex- 
changed shots without violating in the least a single instruction. 
They both missed. After which, Mr. Wise called upon the friends 
generally to assemble and hear what was to be said. 

Upon the assembling of the friends, Mr. Jones enquired of Mr. 
Wise whether his friend (Mr. Graves) was satisfied? Mr. Wise 
immediately said, in substance: " Mr. Jones, these gentlemen have 
come here without animosity towards each other; they are fighting 
merely upon a point of honor; cannot Mr. Cilley assign some rea- 
son for not receiving at Mr. Graves's hands Colonel Webb's com- 
munication, or make some disclaimer which will relieve Mr. Graves 
from his position ?'' Mr. Jones replied, in substance: " Whilst the 
challenge is impending, Mr. Cilley can make no explanations." Mr. 
Wise said, in substance: "The exchange of shots suspends the 
challenge, and the challenge is suspended for the purpose of expla- 
nation." Mr. Jones thereupon said he would see Mr. Cilley, and 
did go to him. He returned, and asked Mr. Wise again: " Mr. 
Wise, do I understand aright that the challenge is suspended .''" 
Mr. Wise answered: " It is." Mr. Jones was then about to pro- 
ceed, when Mr. Wise suggested that it was best, perhaps, to give 
the explanation or reason in writing. Mr. Jones then said, in sub- 
stance: " Mr. Wise, if you require me to put what I have to say 
in writing, I shall require you to put what you have said, and may 
say, in writing.'' Mr. Wise replied: "Well, let us hear the ex- 
planation beforehand, as it may not be necessary to put it in writing." 
Mr. Jones then proceeded, as he now thinks, substantially to say: 
" I am authorized by my friend, Mr. Cilley, to say, that in declining 
to receive the note from Mr. Graves, purporting to be from Colonel 
Webb, he meant no disrespect to Mr. Graves because he entertained 
for him then, as he now does, the highest respect and the most kind 
feelings; but that he declined to receive the note, because he chose 
not to be drawn into any controversy with Colonel Webb." Mr. 
Wise thinks this answer of Mr. Jones was, in substance, as follows: 
" l-am authorized by my friend, Mr. Cilley, to say, that in declining 
to receive the note from Mr. Graves, purporting to be from Colonel 
Webb, he meant no disrespect to Mr. Graves, because he enter- 
tained for him then, as he does now, the highest respect and the 
most kind feelings; but my friend refuses to disclaim disrespect for 
Colonel Webb, because he does not choose to be drawn into an 
expression of opinion as to him." Such is the substantial difference 



34 

now between the two seconds, as to this answer of JNIr. Jones. The 
friends on each side, with the seconds, then retired from each other 
to consult upon this explanation. After consultation, Mr. Wise 
returned to Sli. Jones, and said: " ]\lr. Jones, this answer leaves 
Mr. Graves precisely in the position in which he stood when the 
challenge was sent.'" Much conversation then ensued between the 
seconds and their friends, but no nearer approach to reconciliation 
being made, the challenge was renewed, and another shot was ex- 
changed, in a manner perfectly fair and honorable to all parties. 

After this, the seconds and the friends again assembled, and the 
challenge was again withdrawn, and very similar conversations to that 
after the first exchange of shots again ensued. Mr. Jones then 
remarked: "Mr. Wise, ray friend, in coming to the ground, and 
exchanging shots with Mr. Graves, has shown to the world, that, in 
declining to 'receive the note of Colonel Webb, he did not do so 
because he dreaded a controversy. He has shown himself a brave 
man, and disposed to render satisfaction to Mr. Graves. I do think 
that he has done so, and that the matter should end here." To this, 
Mr. Wise replied in substance: " Mr. Jones, Mr. Cilley has already 
expressed his respect for .,1/r. Graves in the icritten correspondencey 
and Mr. Graves does not require of Mr. Cilley a certificate of cha- 
racter for Colonel Webb; he considers himself bound not only to 
preserve the respect due to himself, but to defend the honor of his 
friend, Colonel Webb." These words of Mr. Wise, Mr. Jones 
recollects, and Mr. Wise thinks he added the words: " Mr. Graves 
only insists that he has not borne the note of a man who is not a man 
of honor, and not a gentleman." After much more conversation, 
and ineffectual attempts to adjust the matter, the challenge was again 
renewed; and whilst the friends were again loading the rifles for the 
third exchange of shots, Mr. Jones and Mr. Wise walked apart, and 
each proposed to the other anxiously to settle the aflair. Mr. Wise 
asked Mr. Jones, " If ^Jr. Cilley could not assign the reason for 
declining to receive the note of Colonel Webb, that he (Mr. Cilley) 
did not hold himself accountable to Colonel Webb for words spoken 
in debate ? Mr. Jones replied that " Mr. Cilley would not assign 
that reason, because he did not wish to be understood as expressing 
the opinion whether he was or was not accountable for words spoken 
in debate." Mr. Wise then, according to his recollection, asked 
Mr. Jones whether " Mr. Cilley would not say, that in declining 
to receive the note of Colonel Webb, he meant no disrespect to Mr. 
Graves, either directly or indirectly ?" To which Mr. Jones 
replied afiirmatively, adding, " Mr. Cilley entertains the highest 
respect for Mr. Graves, but declined to receive the note, because 
he chose to be drawn into no controversy with Colonel Webb." 
After further explanatory conversation, the parties then exchanged 
the third shot, fairly and honorably, as in every instance. Imme- 



35 

diately previous to the last exchange of shots, Mr. Wise said to 
Mr. Jones, " If this matter is not terminated this shot, and is not 
settled, I will propose to shorten the distance." To vvliich Mr. 
Jones replied, "After this shot, without effect, I will entertain the 
proposition." 

After Mr. Cilley fell, Mr. Wise, for Mr. Graves, expressed a 
desire to Mr. Jones to see Mr. Cilley. Mr. Jones replied to Mr. 
Wise, " My friend is dead ;" and went on to Mr. Graves and told 
him that there was no ohjection to his request to see Mr. Cilley. 
When Mr. Jones approached Mr. Graves, and informed hiin that his 
request should be granted, iNIr. Graves inquired, " JIow is he ?" 
The reply was, " My friend is dead, sir.'' Mr. Graves then went 
to his carriage. Mr. Wise inquired of Mr. Jones, before leaving 
the ground, whether he could render any service, and tendered all the 
aid in his power. Mr. Wise and Mr. Jones concur that there were 
three shots exchanged. 

Such is the naked statement of all the material facts and circum- 
stances attending this unfortunate affair of honor, which we make in 
justice to our friends, to ourselves, to all concerned, to die living 
and to the dead; and it is made for the only purpose of allaying ex- 
citement in the public mind, and to prevent any and all further con- 
troversy upon a subject, which already is full enough of woe. We 
have fully and substantially stated wherein w^e agree and disagree. 
We cordially agree, at all events, in bearing unqualified testimony to 
the fair and honorable manner in which this duel was conducted. We 
endeavored to discharge our duties according to that code under 
which the parties met, regulated by magnanimous principles, and the 
laws of humanity. Neither of us has taken the least exception to 
the course of the other; and we sincerely hope that here all contro- 
versy whatever may cease. We especially desire our respective 
friends to make no publication on the subject. None can regret the 
termination of the affair more than ourselves, and we hope, again, 
that the last of it will be the signatures of our names to this paper, 
which we now affix. 

GEO. W. JONES, 
* HENRY A. WISE. 

_ * As there has been some controversy as to the relative calibres of the 
rifles used by the parties, it is proper to mention that it has been ascertained 
that one of Mr. Cilley's balls, probably at the second fire, passed through a 
chesnut rail six yards beyond Mr. Graves, and so exactly in the range with 
him, that it is almost miraculous how it could have escaped him ; it must 
have passed very close to his breast. Another of Mr. Cilley's balls struck 
and splintered the top of one of the rails ; of the third ball no trace was found, 
Mr. Cilley had the sun in his favor ; but there was a stiff wind agains't 
him. The distance was to have been eighty yards, but the seconds made 
it ninety-four, as it has since been found to be upon accurate measureraen t. 
Both of the parties fired twice, with their cloaks on; the last time, Mr. C il- 



36 

With the most praiseworthy intentions to prevent a fatal result, 
and effect a reconciliation, Messrs Hoffman, Curtis, and Moore, all 
members of llie House of Representatives, and several others, as 
soon as the rumor of the duel was bruited, endeavored to find and 
arrest the combatants. 

After reading Mr. Graves' first note, Mr. Cilley expressed to his 
friends some sur})rise at it, and said that it appeared to be intended 
to force him eitlier to avail himself of the privileges of a member to 
screen himself from responsibility, or to force him to relieve himself, 
by an acknowledgement of what he had neither repeated nor denied, 
— that Colonel Webb was a gentleman. He would not, he said, be 
forced to either alternative, even by a park of artillery opened upon 
his breast. His reply, however, which is of the same date, the 21st 
February, is mild, gentlemanlike, and ought to have been, accord- 
ing to the rules of chivalry, satisfactory. The next day, February 
22d, Mr. Cilley received Mr. Graves' note of that date. It was 
written in a technical style, and pronounced his reply to be, " inex- 
plicit, unsatisfactory, and insufficient." Mr. Cilley remarked to a 
friend, in regard to this note, " It is disrespectful." His feelings 
were wounded, and he expressed the belief that it was intended 
either to humiliate him, or to bring him into the field; still, his reply 
was mild and unofiending, and expressed his regret that his note was 
not satisfactory to Mr. Graves. 

On the night of this day, Mr. Cilley attended the very brilliant 
National Birth-Night Ball, at Carusi's, of which he was one of the 
managers. He was very gay and cheerful, and it is remarked that 
he danced in the same cotillion with Mr. Graves, and exchanged 
with him the usual courtesies. 

The next day, Mr. Wise waited upon Cilley, at his lodgings, about 
12 o'clock, as the bearer of a challenge from Mr. Graves, and the 
acceptance of it was delivered, at 5 o'clock, the same evening, to 
Mr. Graves, in the presence of Mr. Wise, by the friend of Mr. 
Cilley, General Jones, of Wisconsin. The next day was assigned 
for the meeting, — an unfortunate expedition, which precluded the 
possibility of any arrangement, through the more discreet and older 
friends of the parties. But in regard to the fate of Mr. Cilley, it 
appears that it was not hastened by the promptness of the meeting. 



\ley threw off his cloak, while Mr. Graves retained his ; he was struck in the 
lower part of tlie ahdomon, and the ball, as he stood sideways, passed through 
\t. He dropped his rille and folded his arms strongly across his abdomen — 
lent forward, and fell into the arms of Col. Schaumburg. He died in about 
\ree or four minutes, and very easily, without a struggle and without pain. 
\It was 4 o'clock in the afternoon when they fought. Mr. Cilley was at- 
tended by Mr. Bynum, of North Carolina, Dr. Duncan, of Ohio, and Col. 
S^iaumburg ; and Mr. Graves, by Messrs. Crittenden and Menefee, of Ken- 
tucky, and Dr. Foltz. 



37 

Now, we have the certificate of Colonel Webb, and his two frienJs-, 
Daniel Jackson and William H. Morrell, that assassination was to 
have anticipated the more regular consummation of the object of Mr. 
Cilley's antagonists. 

It may be necessary, in explanation of the reasons which induced 
I Mr. Cilley to choose the rifle as his weapon, to state, it was the 
' only one, with the use of which he was at all acquainted, he having 
sometimes amused himself with it in the forests of Maine. 

We have thus followed the train of events in the history of the 
fatal and bloody transaction, which we have throughout endeavored 
faithfully to narrate, till the time when tlic death-wound was received, 
and Mr. Cilley fell a victim to the barbarous "code of honor." 
It is perhaps needless to relate that his body was hastily conveyed 
back to the city, accompanied by the friends in his company, and to 
the same lodgings he had but a k\v hours previously left in all the 
bloom of health, and with a prospect before him of a long, honora- 
ble and useful life. Mr. Graves and his friends reached home but 
a few minutes earlier. The excitement, which, during the day had 
raged with great violence, now broke out with the ungovernable fury 
of the mighty hurricane. For the time, all associations, political or 
social, were abandoned, and nought but lamentation for the untimely 
fate of Mr. Cilley, and denunciations, and execrations, and vows of 
vengeance dire upon his murderers, were heard.* 

The night, however, with the succeeding day (Sunday) and night, 
passed happily by, without witnessing a recurrence of further scenes 
of violence or blood. On Monday, the 26th, both Houses of Con- 
gress assembled at the accustomed hour. But ah ! " how changed 
the scene !" Little need was there of a call to order; within and 
around the hallowed halls of the nation's councils, death's own 
breathless order and silence prevailed, and pervaded the very heart 
of each. In the House of Representatives there was one blood- 
stained vacant seat. Toward this point turned every eye; some 
bedimmed with tears, and others with a vacant, unmeaning gaze. 

The slight tap of the Speaker reminds the assembled throng (for 
not an inch of the immense galleries was unoccupied) that the Rev. 
Chaplain is about to address the God of Heaven in their behalf. 
This brief but solemn space is passed: and next succeeds — not the 
usual bustle of business — it is the trembling, yet audible voice of a 
friend and official brother of the deceased member, making to the 



* Mr. Cilley remarked to a friend, in justification of his acceptance of the 
challenge, that " New England must not be trampled on." When he fell, 
his rifle, by some means, broke, and, upon the arrival of the body, with the 
parts of the rifle in the same carriage, the honorable Mr. Pierce, a Senator 
from New Hampshire, who lodged in the same house with Mr. Cilley, and 
was his intimate friend, took the fragments and said: "/ will hsep th^ 
broken arms, with which my friend defended the honor of New England." 
6 



38 

chair the formal announcement of the death of the absent member. 
Alas ! an absence eternal ! This announcement was made by Mr. 
Fairfield, of Maine, in a brief but most feeling and impressive man- 
ner. At the conclusion of which, a committee of arrangements 
were appointed, to make the necessary preparations for the funeral, 
and the House adjourned. 

These proceedings being communicated to the Senate, Mr. Wil- 
liams, Senator from Maine, rose and pronounced the touching and 
affecting eulogy on the deceased — which we have before given: 
when that body also adjourned. 

Before the remarks made by Mr. Cilley upon Col. Webb, there 
had been some rather severe observations between Mr. Cilley and 
Mr. Wise; and, in order to show the state of feeling between those 
gentlemen, we subjoin the following 

SPEECH OF Mr. CILLEY, 

In the House of Representatives, January 23, 1838, — In Com- 
mittee of the Whole, on the bill to make a special appropriation for 
the suppression of Indian hostilities. 

Mr. Wise commenced the debate, and led off in opposition to 
the bill, and in a general attack of the administration. On Mr. 
Wise resuming his seat, Mr. Cilley obtained the floor, but 
yielded it to Mr. Downing, the delegate from Florida, who sup- 
ported the bill, and ably defended the policy and measures of the 
administration, so far as related to the Florida war. Mr. Wise 
replied to Mr. Downing, and renewed his opposition. 

Mr. CILLEY then followed, and said: I rise, sir, to say but a 
few words upon the bill now before us; but few will be necessary 
after the eloquent and just remarks which have fallen from the tal- 
ented delegate from Florida. I listened to him with pleasure, while 
he gave us, from his own ])ersonal knowledge, the facts of the case, 
and the real condition of things as they exist at the seat of the war. 
He has laid bare the origin of hostilities, which were commenced 
by the Scmiiioles without any just provocation on our part, and 
which have been prosecuted by them in a series of the most cold- 
blooded murders and butcheries of the whole white population within 
their reach. So far as the administration is concerned in this war, he 
(Mr. Dowiing) has set the whole matter right before the country. 

But, sir, I feel impelled to say something when I hear views and 
sentiments put forth here, and calculated to have effect abroad, the 
whole drift of which is to hold up my own countrymen in the light 
of savages, while hostile Indians are extolled as patriots, statesmen, 
and heroes. Were I a stranger to the history of my own race, and 
to Indian character, and now, from the representations of the gen- 
tleman from Virginia, (Mr. AVise,) for the first time, forming ray 



39 

notion of the two people, I might be persuaded to beheve that all 
the virtues which have heretofore adorned civihzed man, are now 
possessed by the Cherokee race; wl)ile all that is perfidious, fero- 
cious, and savage, have become concentrated in the descendants of 
the fairer European. What, sir, do we hear these things said in an 
American Congress? Are they so? Have we, indeed, changed 
places? Are we not the true sons of our sires? Is not the Indian 
still true to the blood of his race? 

But the gentleman appeals to the committee, and in tones of 
sympathetic feeling asks, what is to become of the "poor Indians?'' 
I cannot answer that: God, in his providence, only knows. But, 
sir, when war rages between us and them, commenced on their part 
without just cause, and waged in the most relentless mode known to 
the annals of Indian vi^arfare; when our own defenceless citizens are 
being slaughtered by them; when your armies are there, in a sickly 
clime, in pursuit of the lurking Seminole, and struggling with the 
peculiar natural difficulties of the swamps and hammocks of Florida, 
which must be encountered and overcome before a successful blow 
can be struck, and the enemy subdued, if the course of the gentle- 
man from Virginia is to be pursued, and you now stop all supplies, 
I ask, in the name of patriotism and real humanity, what is to become 
of our own brethren, the poor whites? It is proposed, by the bill 
before us, to provide pay and subsistence for our own troops. You 
have called them into this service, afield full of labor and peril, but 
of too little honor, I admit. Yes, sir, however necessary the duty, 
and however faithfully it be performed, there are no laurels to be 
won, as when contending in open plains with manly foes. The funds 
heretofore provided are exhausted; our troops are there; and now 
is the very season most favorable for their operations to subjugate the 
hostile Seminole, and restore peace and quiet to our borders. 

But the gentleman would have us halt all at once, cut off all fur- 
ther supplies, and even refuse to pay those who have already ren- 
dered service upon the call of the lawful authorities of the country. 
And for what? Is it to benefit the Indian, or to injure the adminis- 
tration? Sir, my blood thrills in my veins to hear the conduct of 
faithless and murderous Indians lauded to the skies, and our sympa- 
thies invoked in their behalf, while in the same breath our own Gov- 
ernment and its most distinguished citizens are traduced and villlfied 
to the lowest degree. To-day Oseola and the Chief Magistrate of 
this Union have been lugged together by the gentleman from Vir- 
ginia (Mr. Wise) into this debate; and while to the former he 
yields the homage of his highest respect and admiration, he bestows 
upon the latter, in comparison with him, a sneer of contempt and 
ridicule. It was but the other day, in his place here, the same 
gentleman look occasion to institute a comparison between another 
favorite Indian brave of his, John Ross, and our distinguished Se- 



40 

cretary of State, Mr. Forsyth, in which the Cherokee, in his esti- 
mation, had the best of it in every point of view. 

Is it possible, sir, that partisan feeling and political hostility will 
force gentlemen such lengths? Will ihey, in outrage to common 
sense, smother patriotism, and forget the honor of their country, 
and its common good, in their hasty zeal to cast odium upon their 
opponents, and to put down an administration of the people's choice? 
AV'ill they do violence to the known history and character of races, 
and subvert all the policy of our people and Government since the 
first settlement by the whites on this great continent? And for 
what? To find something to the prejudice of a democratic adminis- 
tration, and to induce the people to displace it, and to substitute one 
based on their new notions. Such a course seems almost incredible; 
3'et our history is not wanting in a case somewhat parallel. Let 
gentlemen recur to it as illustrating the principles they are becoming 
identified with, and as a warning where it may lead them. How was 
it with the leaders of a certain party in a powerful, and, so far as 
the main body of the people were concerned, I believe patriotic, 
State of this Union (Massachusetts) during the late war with Great 
Britain, when, encompassed by hostile fleets and armies, our coun- 
try was pressed hard in battle? Did not their political opposition 
to the then existing democratic administration, though seeking to veil 
jiself then, as now, under the alleged injustice of the war, and the 
morality and religion of a Christian community, push them on to 
enaclment, in the higher branch of her State Legislature, of a so- 
lemn decree that " it was unbecoming a moral and religious people 
to rejoice at the victories" of our brave countrymen, and were then, 
as now, the leaders of that party opposed to supplies. But, sir, I 
will do justice to the main body of the people of that State. They 
were, sir, I fully believe, then, as now, in heart truly patriotic; for, 
sir, they rested not, much as they admired their splendid and gifted 
leaders, to whose bitter denunciations of democratic men and mea- 
sures they had lent too willing an ear — they rested not until their 
pniriotic sentiments prevailed in that branch where the decree had 
been registered, and it was expunged from their records. I allude 
to this in no spirit of unkindness; it is a part of the history of our 
country, and marks the conduct, if not the principles, of the leaders 
of a great party contending for power. 

As to the Indian character, who is ignorant of it? Who has not 
heard it described by our fathers, who had to do with them? Who 
has not read it on every page of our country's history? Their lead- 
ing traits, their master passions, stand out in bold relief. We must 
take things as they are. We are a practical people. Our policy 
nrlnpts itself to facts and circumstances as they are found to exist. 
"SVlint are these traits? In peace, when not drawn out by the ex- 
citement of the chase and the slaughter of game, the Indian leads a 



41 

life of listless indolence, abhorring the drudgery of manual labor, and 
knowing not the meaning of the word industry. War, a war of ex- 
termination, which calls into the most excited action all the baser 
passions of his nature, seems the clement of his keenest enjoyment 
and glory. His whole soul is then roused into fierce activity. No 
mercy restrains him. His uniform rule of warfare is, to spare nei- 
ther age, sex, or condition, and to keep no faith with his enemy. 
How was it, sir, when hostilities broke out between such a race 
and our carlv settlers in New Endand? No matter how it besan: 
there might be individuals in the wrong on either part. What was 
done by our fathers, when they found their catde killed or driven 
off, their wives and children savagely slaughtered, and their own 
dwellings razed to the ground by fire? They hunted them to their 
lodges in the deep wilderness, and pursued them with fire and sword, 
even to extermination. W'hat would you have had them done."* 
What must we have done, had we been in their places? When in 
conflict, one or the other race must give place. Our fathers did 
not choose to. Do we taunt them for it; does our sense of justice 
revolt at ibeir choice? Let us in fancy change places with them; 
enter into their labors, their perils and privations, and suffer what 
they suftered, and endure what they endured, year in and year out, 
and then let us see in whose behalf sympathetic appeals are made. 
The case of our frontier settlers now, when an Indian war breaks 
upon them, is similar to theirs then. But this sort of sympathy ex- 
pressed by the gentleman from Virginia, for the tawny red skin, 
strikes me as too near akin to that set up in some other rpiarter for 
a race of still deeper dye. It costs nothing to work up and express 
a sympathy of this sort; but what particular good is it intened to 
effect? I might, perhaps, wish, for the sake of suffering humanity, 
that we had the power and wisdom to remedy " all the ills which 
flesh is heir to," and that we might not only improve the condition, 
intellectual, moral, and political, of every one wdio is not already 
perfect in all these particulars, but also go a step further, and change 
the color of the dark races in our country, so that the sympathy felt 
by some, and the disgust by others, on that account, might give us 
no trouble hereafter. 

The gentleman dwells on the petty details of the war — our re- 
verses, their good fortune, and the few braves that have yet been 
taken or killed in battle, but mostly on the expenses already incurred. 
But I ask, is this not a war, and began, too, by them, and in defi- 
ance, too, of their own bona fide treaty, sanctioned by them, and 
all the branches of this Government, without a dissenting voice? 
To us here, sir, as the representative of the American people, this 
is the great and momentous question: Is there a war? For, sir, m 
the language of patriotism, our country is our common mother; and 
when and while blows are aimed at her, when she is attacked and 



42 

bleeding from ihe wounds of an enemy, who of her sons will not fly 
to her defence, and to the succor of those who are defending her^ 
and that, too, without stopj)ing to count the exact cost, or learn the 
precise origin of the quarrel? Let not our country suffer. End the 
war first, then if there was any fault any where, point it out and 
apply the proper remedy. But can gentlemen in this war tind a single 
fault at the door of the Administration? The delegate from Florida 
set the whole matter right, and says he is ready to defend it, on that 
score, against the world. 

The expenses, I admit, are great, and the accounting officers are 
bound to scrutinize all this matter and to place the result before us. 
If our money has been corruptly used or squandered by any officer, 
let him, at a proper time, and in a proper mode, be tried and pu- 
nished. All wars are excessively expensive, in both treasures and 
life. 

In the expenses of this Florida war, we must take into considera- 
tion the nature of the service, the enemy, the country, the want of 
provisions and supplies there, and the climate, which suspends all 
operations during the summer and fall months; and more than all, the 
peculiar form of our Government, which, ])opular and free, is wholly 
averse to large standing armies; so that when war, the greatest of 
national calamities, does chance to us, even from the insignificant foe, 
it finds us almost wholly unprepared, and from necessity compelled 
to incur extraordinary expense to but little purpose at first. But in a 
short time the patriotism of the mass of the people, who are attached 
the more strongly to their Government, as its yoke is easy and its bur- 
den light, rallies to the rescue, and overcomes all obstacles. But what, 
I ask, is the expense of a few millions, more or less, in getting ready 
and in making soldiers of citizens, compared with that incurred under 
other forms of Government in maintaining, in the heart of the coun- 
try, in times of peace, large standing armies, corrupting the morals 
of the people, and eating out their substance like a cancer? 

The humane policy, also, of our Government, in its steady efforts 
to preserve the Indian race, by removing them out of the limits of 
the States, where the settlements of the whites have approached 
them on all sides, and to whose laws and usages the Indians cannot 
be made to submit, to fertile territories beyond the Mississippi, to be 
theirs exclusively, and in our efforts, too, to restrain different tribes 
from wars among themselves, has cost the Treasury millions upon 
millions. It may be a mistaken policy, but it is believed, by good 
and wise men, to be the only one that can preserve the race. 

The whole campaign of our commanding general, Jesup, in Flo- 
rida, ha? been bitterly arrainged. I concede his humanity to the 
captives he had made, and his trust in their good faith, has cost us 
dear. I have often said, and now repeat, that had I been in com- 
mand in that officer's place at Tampa Bay, and had got my hands 



43 

upon the murderous Seminole chiefs and warriors, I would have 
shipped them all off", instanter^ on board of the vessels then in wait- 
ing, and not trusted one of iheni with an opportunity to escape again 
to tlieir fastnesses among the swamps. But what is to become of 
the " poor Indians, if we do not permit them to keep possession of 
Florida?" asks the gentleman. If they do not lay aside hostilities, 
submit, and perform on their part a treaty which has already been 
complied with on our part, I repeat I cannot answer. 

So long as they continue to war with us, and in their own pecu- 
liar mode, it will be still as it had been for centuries past: they will 
disappear before the onward progress of the more powerful whites, 
whose improvements cannot be stayed by any such obstacles. If 
they shall change their modes of feeling and acting, and become like 
our own race, tillers of the soil, and lovers of the arts and sciences, 
and in every respect good. Industrious, and quiet citizens, then, in- 
deed, would no one here or elsewhere be in danger of collision with 
them, or desire to molest them. 

As to John Ross, who has so often been vauntingly introduced 
here and elsewhere, as a proof and specimen of what civilization can 
do in improving the Indian race, I do not know him personally. 
Curiosity led me to inquire him out, and I was pointed to a white 
man. He may, by adoption or some mode, have become a chief 
among Indians; but he is not in blood, no one could mistake, who 
looks at him. Is this the kind of civilization and improvement of 
the race we hear so much about.'' Such men, or mixture of men, 
may get among the ignorant savages, and rise to great power and 
influence, and to the control of the affairs and money of the tribe; 
but in the end they will prove rather a curse than a blessing to the 
real Indians. Let us not, upon false data, lead ourselves or others 
into false positions and false sympathies. The ideal must give place 
to the reality. We must act upon facts, with the eternal truths of 
nature before our eyes. Speculate and sympathise as you will, the 
white man will still be true to the inward laws and instincts of his 
race, and so will the red and the black. 

I speak not of individuals, but of masses. I hope gentlemen, 
whose sensibilities are now so much enlisted in the conditions of the 
Seminoles and Cherokees, now in Florida and Georgia, will not for- 
get how their own forefathers, whose memories I know they revere, 
under similar circumstances, in the early settlement of the country, 
and when they were a frontier people, how they dealt with similar 
enemies; and I entreat gentlemen, if they have not indeed forgotten 
these things, to tell me in whose behalf their true sympathy is enlist- 
ed? Does it not flow in the broad channel of the common weal of 
the greatest number of its own race, or does it seek out the narrower 
one of a wild and untameable race, wasting its influence, and accom- 
plishing no great general results ? 



44 

Our sense of justice has been appealed to. Let me ask those- 
gentlemen who do this, if they are willinj^ to yield up the fair fields 
and beautiful sites they now possess and enjoy, to the lineal heirs 
and descendents of the lords of the forest, (if, indeed, there be any 
left,) whom their fathers found there and dispossessed, without the 
fair consideration, which strict, abstract justice might require? If 
not, then I say, why cry out against thy white brethren? Were your 
property, and the lives of your families, exposed, as in this case, to 
the hostile incursions of Indians, and a war should break out, would 
you not be under the necessity of tracking them, as did your fathers 
in by-gone days, through the winter snows, to their wigwams among 
the hills, and subdue them, cost what it might? 

Sir, how has this vast continent, but recently a wilderness, been 
reclaimed and settled, and filled with a free, hardy, and enterprising, 
people? The two tides of population, the savage and the civilized, 
have here met. They abhor to mix: their pursuits run not together: 
the one must give room to the other — the fierce hunter and warrior 
of the wilderness, to the more gifted, but peace-loving artisan and 
cultivator of the soil. Would you stay the onward progress of our 
own race? or would you even attempt to reverse our positions? 
You could not if you would. We must take things as they are; and 
before we so bitterly condemn others, let us reflect how we ourselves, 
under like circumstances, should probably feel and act. 

I ask pardon of the committee for having said so much on this 
subject. I felt pained to hear in this place gentlemen make such 
severe, and, as I thought, unmerited denunciations, with an apparent 
view to some influence abroad, of the settled policy of our own Go- 
vernment and race ever since the earliest history of the whites on' 
this continent, and rose to repel them. I commend gentlemen so 
eager and zealous to attack and put down the administration, to a 
prudent husbandry of their resources; and if they expect to displace 
it on such grounds, I ask them on what principles the people of this 
country are to expect the new one to be based, if they ever get pow- 
er to form one on their own notions, and to their own liking? How- 
ever this maybe, I trust there will be patriotic feeling enough in this 
body to pass this bill, providing for the payment and subsistence of 
our brave troops now serving their country in the defence of our 
suffering frontier. 




















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